Rest and meal break compliance remains a major source of numerous lawsuits for most California employers. Employers are required to take all reasonable steps to ensure that nonexempt employees are familiar with the legal obligations of California's employee break legislation and to allow them to have a meal or rest break to adhere to these regulations.

If you or a loved one believes your employer has illegally denied you a meal or rest break, you could be entitled to get compensation. Our experienced Los Angeles employment lawyers at The Workers Compensation Lawyer Law Firm can help you in assessing your job status and potential rest or meal break disputes.

Standards For Meal and Rest Breaks Under the California Labor Laws

The following conditions for California's obligatory breaks are outlined in the Labor Code:

Meal Breaks

Meal breaks are uninterrupted, unpaid 30-minute breaks that are given to workers for personal tasks like meals, errands, or whatever else they desire. Workers do not need to have their meals during this period. To give a legal meal break, any employer needs to:

  • Discharge the worker from all commitments
  • Give up supervising the employee's actions
  • Allow for a decent chance to have a 30-minute uninterrupted meal break

An employer cannot:

  • Prevent or make it difficult for workers to have their meals
  • Provide incentives for skipping meal breaks
  • Cultivate an environment that fosters skipping meal breaks

For instance, when a worker is assigned to a 10-hour shift yet he or she only works for three hours, that employer is not required to offer a meal break.

Waiving Your Rights to a Meal Break

A worker could forego his or her right to a meal break when his or her shift is six hours or shorter. Meal break waivers don't have to be put on paper, but they do require the consent of both sides.

An employee could waive the rights to a subsequent meal break when their shift is more than 10 hours but won't surpass 12 hours long provided they have the first break beforehand; they cannot forgo both meal breaks on the same day. An employee working during a meal break is not permitted to leave the workplace early.

An On-Duty Meal Break

Some jobs could have restrictions that prevent workers from taking meal breaks. For instance, security personnel posted alone at a place or a single worker at an all-night store are not permitted to leave their jobs in a manner that would represent a "meal break" since they are not exempt from their obligations as mentioned above. Employers may also mandate that staff members stay on-site during meal breaks. Under these instances, an employer can grant on-duty meal breaks.

Meal breaks taken while working are compensated and should be consented to on paper by both the employee and the employer. The employee should have the ability to cancel the arrangement at any moment. Employees are not eligible to receive premium compensation for missing an on-duty meal break.

Specifications for On-Site Meal Breaks

An employee could be forced to have his or her meal breaks on-site in certain circumstances, such as while they are on duty. In certain cases, the employer should offer a proper place to have their meals and pay the employee, even though they are discharged from their obligations.

The employer is required to provide means for getting hot meals and drinks or for warming foods or drinks, as well as a sheltered area to take the foods or drinks if a meal break falls during a shift commencing or closing at/between 10 PM and 6 AM

Specifications for On-Site Meal Breaks

An employer isn't obligated to guarantee that no job gets completed. An employer, nonetheless, is required to go beyond merely making a meal break "available." To fulfill their moral responsibility to grant one, generally, an employer should discharge workers from all duties, give up oversight over their actions, give them a satisfactory chance to have an undisrupted 30-minute period (during which they're allowed to come or go as they wish), and should not prevent or discourage workers from having their meal breaks.

(For staff members in the medical sector protected by Industrial Welfare Commission Order 4 or 5, nevertheless, slight exceptions emerge as to the worker’s rights to leave their employment establishments at an off-duty meal break.) Employers aren't allowed to violate a documented policy requiring meal breaks by forcing staff to work without breaks (For instance, through a planning policy that renders having breaks difficult).

According to a statement made by the California Supreme Court, "The pay orders, as well as governing statutes, do not support an employer's using force against the partaking of, offering incentives to skip, or generally promoting the foregoing of constitutionally protected breaks." Depending on the sector, different circumstances may be required to meet the employer's duty to grant genuine discharge from all duties in a given situation.

An Overview of California Rest Breaks

California employers are required to offer their employees a 10-minute rest break for a major fraction or every 4 hours spent working. Anything longer than 2 hours is considered a "major fraction" of a 4-hour work session. For instance, if a worker puts in a 7-hour shift, they are legally allowed 2 ten-minute rest periods—one for the first 4 hours and another for the last 3. A "major fraction" of 4 hours is 3 hours, which is more than a half of 4 hours. Rest breaks are not eligible for nonexempt workers who work shifts under three and a half hours.

Rest Break Requirements

The rest break must be 10 minutes long and uninterrupted. During a rest break, workers should be released of all obligations, and the employers must provide "appropriate resting facilities'' in a location separate from the washrooms. Rest breaks, unlike meal/lunch breaks, are remunerated. An individual should take a break during the day "insofar as practicable" when it comes to timing. Employees would not be required to be on-call or on-site when taking breaks.

California Employees Eligible For Rest and Meal Breaks

California's rest and meal break regulations only apply to non-exempt workers, just like the state's overtime laws. White-collar exempt workers are the most prominent group of California's exempt employees, as they must satisfy all the provisions listed as follows:

  • Devote more than half of their working hours to managerial, intellectual, or creative tasks
  • Regularly exercise sound judgment and discretion when carrying out those responsibilities
  • Earns at least double the state's minimum wage each month for a full-time job

Additionally, employees that fall within the legal classification of independent contractors are exempt from California's requirements regarding meal and rest breaks. Finally, the California Labor Code's meal break rules are not eligible to unionized workers in certain fields whose collective bargaining contracts offer meal breaks on different schedules. For instance, meal break provisions in collective bargaining agreements supersede California law for unionized workers employed as:

  • Commercial drivers
  • Security guards
  • Employees in electrical or gas firms
  • Workers in the construction industry
  • In the film industry

Choosing Not to Take a Break

Workers may choose to forego rest periods. Employers cannot put employees under any pressure or persuade them to skip rest breaks. However, most people wonder if an employer can make you be "on-call" or work during your rest or meal break. Employers cannot force staff to stay or continue to work, like being "on-call," during their rest or meal breaks. Therefore, if an employer demands or asks his or her staff to continue serving clients while eating during a lunch break or to stay on call during his or her rest break, then it's legally equal to depriving the employee of his or her rest or meal period.

Employers, on the other hand, are not compelled to make sure that you don't engage in your normal errands during your rest or meal break. In other words, if employees deliberately opt to work during their break, then their company or employer would not be held liable. Furthermore, so-called "on-duty lunch breaks," in which an employee is required to work through his or her meal break, are allowed only if:

  • The person agrees in writing to take on-duty meal/lunch breaks. The worker has the right to terminate this written contract in writing at any moment
  • The nature of work prohibits the worker from being freed of all responsibilities (for instance, if he or she is a security officer and the only individual on duty)

Penalties for Employers Who Refuse to Give Breaks

Some businesses might choose not to offer rest or meal breaks due to ignorance, while others might do this to save some money. According to California's meal break laws, employers are subject to harsh penalties if they fail to provide their staff with rest or meal breaks. The provisions of the law state that if such an infringement occurs, the employers would pay the workers an extra hour of compensation at their normal hourly rate for every workday. This additional salary is known as "premium pay."

If the employer declines to settle the premium payment, the employee has the option of filing a wage claim lawsuit with the Division of Labor Standards Enforcement or suing the employer. Employees have three years from the time of the infringement to submit a wage claim. In these situations, the employer might retaliate or discriminate against workers for bringing a claim before the Labor Commission or inquiring about missed breaks.

It's best to speak with an employment lawyer to evaluate your choices since not all employers would be open to resolving the issue amicably because every dispute is different. Court rulings can enhance the possibility of hefty financial penalties.

Missed Meal Break

An employer owes his or her employee an additional hour of compensation at the worker's regular rate for each day that he or she is denied to have their rest or meal break as required by law. The extra hour's compensation is owed to the worker. Employees can submit a lawsuit for unpaid wages for up to 3 years.

Frequently Asked Questions on Meal and Rest Break Laws

The most commonly asked questions include:

When Are California Workers Eligible To Have Meal Breaks?

The California Labor Code mandates that employers give their staff members a meal break for 30 minutes every five hours. Meal breaks are generally unpaid but should be undisrupted, and staff members are free to conduct any personal affairs while off-site during these times.

When Are Rest Breaks Allowed For California Workers?

Workers in California have a right to rest for 10 minutes every four hours under the state's labor laws. Practically speaking, these breaks should be granted in the course of the working hours. Workers whose average daily working hours are under 3.5 hours are exempt from this requirement.

Are There Penalties When Meal Breaks Aren’t Taken Or Are Lesser Than What’s Obligated?

All nonexempt workers in the state are required by the laws to have meals as well as rest breaks from their employers. There are penalties for employers that fail to give nonexempt workers meal breaks; the premium (penalties) is usually one hour's worth of additional pay for every day this infringement happens.

What Are The Basic Conditions For Meal And Rest Periods Under California Labor Laws?

An employee who works more than five hours in a given shift is eligible to receive one meal break that lasts a minimum of 30 minutes. An employee who works more than ten hours in a particular shift is eligible to receive two 30-minute meal breaks. In this scenario, the employer should grant the 2nd meal break not any later than the completion of the 10th hour.

Fundamental rest break criteria: Employers in California are required to give their workers a paid 10-minute break every four hours (or a major fraction of an hour) worked. The workers must be released from all obligations during these uninterrupted rest periods.

Are There Paid Meal Breaks In California?

According to California labor laws, meal breaks are not paid. However, in some circumstances, if the worker is compelled to remain on-site or stay on-call over their meal break, he or she is eligible to receive payment for the break.

Is It Permissible To Labor Continuously For More Than Six Hours In California?

You can work for 6 hours or more if you want to. According to Labor Law, an employer should offer one 10-minute rest break as well as one 30-minute meal break for each 6-hour shift. But, if a worker makes the decision on their own accord and without being coerced or influenced by their employer, they are free to forgo those breaks.

Can I File A Lawsuit Against My Employer For Preventing Me From Taking A Meal Or A Rest Break?

California employees can sue their employers if they are denied rest or meal breaks mandated by the state's Labor Code or labor rules. Successful class hour and wage action cases often involve the employer's failure to allow rest periods or meal breaks. If an employer or a business owner fails to let his or her staff have their rest or meal breaks, the company would owe the workers an additional hour of compensation - at the standard pay rate - for each break disallowed. Assume, for instance, that your employer denied you the right to meal breaks during your first year of work. He or she would then be obligated to pay you 365 hours' worth of damages at your standard rate.

Is It Acceptable For Me To Opt To Work During My Meal Break So That I Can Leave My Workplace 30 Minutes Earlier?

No, continuing to work throughout your meal break does not give you the right to leave the workplace before the scheduled time. The Industrial Welfare Commission (IWC) Wage Orders only authorize "on duty" meal breaks if the type of the job legitimately limits the worker from being discharged from all duties and if a written agreement approving an on-the-job compensated meal period has been made. The written contract should also specify that the worker has the right to withdraw at any moment in writing.

Can I Still Sue My Employer If I'm an Exempt Salaried Employee?

The appropriate response to this is, "it depends." The labor laws of California provide many sorts of exemptions. Supervisors may qualify for the executive exemption, sometimes called the supervisor exemption. However, that exemption provides a lot of conditions that your employer could have breached. Additionally, other groups of exempt workers still have the right to a meal break as well as a rest break. For example, truck operators are widely viewed as exempt.

Nonetheless, they should still have their meal and rest breaks as required by California labor regulations. Another illustration would be "inside salesmen," who market services or goods while based at their employer's premises. They are nonetheless entitled to lunch breaks as well as rest breaks even if they are typically seen as "exempt." Speak with an attorney to establish if you qualify for any breaks.

What Are The Required Break Laws For Exempt Workers?

Exempt employees in California are allowed meal breaks but not rest breaks. A worker may qualify for exempt status if they meet three criteria. They include:

  • Workers earning at least double California's minimum wages for full-time jobs
  • Personnel whose major duties must be professional, executive, or administrative, in nature
  • The work that employees perform must require them to exercise their discretion and judgment.

To What Level Should Managers Supervise Workers' Meal Breaks And Make Sure That All Staff Members Are On And Off The Clock At The Appropriate Times?

Supervising nonexempt workers to make sure they take appropriate meal breaks is a great exercise. Employers should at the very least consider posting a meal-break policy, which again is usually included in an employee's handbook. This written policy must be carefully drafted to guarantee that it conforms with California laws. Beyond that, it's a good idea for employers to remind staff to take breaks, urge them to follow corporate policy, and advise those who disobey the rules.

Is It More Challenging To Track Meal Breaks For Some Employees (For Example, Those Who Work Remotely) Than Others?

California business owners who want to make sure that meal break clock-out and clock-in times are captured daily should evaluate their records to ensure that nonexempt workers follow the company's meal-break policy. It is difficult to confirm if employees who work off-site take breaks daily. Some employers could choose to actively get in contact with remote employees during the workday to confirm that breaks are taken as required.

Is It Reasonable To Hold Employers Responsible For Making Sure Rest And Meal Breaks Are Taken On Time?

It's a great idea to educate employers on California's distinctive break laws and to delegate responsibility for ensuring that corporate break policies are observed. This could be one aspect of performance appraisals. Nonexempt workers can be held responsible for adhering to the break policy and are urged to report any issues to management if a manager is hindering staff members from taking adequate breaks.

Find a Los Angeles Workers Compensation Lawyer Near Me

Employees should take measures to ensure that they understand and know their rights as per California meal and rest break laws, which can be complex. Nonexempt workers are eligible for a half an hour meal break for every five hours worked and a second half-hour meal break for every ten hours worked. Nonexempt workers are also eligible for a 10-minute rest break for each 4-hour shift worked.

If you believe your employer has wrongfully refused you a meal or rest break, you could be eligible for recompense. Since California's rest and meal break regulations are so complex, you should consult with an employment attorney to review your situation. Our skilled employment lawyers at The Workers Compensation Lawyer Law Firm in Los Angeles can help you assess your job status and any potential disputes about rest or meal breaks. For more information, feel free to call us at 424-501-9228.